Subdivision 1.Definition.

As used in this section, “torture” means the intentional infliction of extreme mental anguish, or extreme psychological or physical abuse, when committed in an especially depraved manner.

Subd. 2.Crime.

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Terms Used In Minnesota Statutes 609.3775

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A person who tortures a child is guilty of a felony and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $35,000, or both.

Subd. 3.Proof; evidence.

(a) Expert testimony as to the existence or extent of mental anguish or psychological abuse is not a requirement for a conviction under this section.

(b) A child’s special susceptibility to mental anguish or psychological abuse does not constitute an independent cause of the condition so that a defendant is exonerated from criminal liability.

(c) Proof that a victim suffered pain is not an element of a violation of this section.